TRADE MARKS ACT terms of this section as they apply in relation to an application under subsection (1) of section twentyone. (5) In dealing with an application under this section, the Registrar shall have regard to the like considerations, so far as relevant, as if the application were an application under section twenty-one and to any other considerations relevant to applications under this section, including the desirability of securing that a certification mark shall comprise some indication that it is such a mark, and including also the following matters— (a) whether the applicant is competent to certify the goods or services in respect of which the mark is to be registered; and (b) whether the draft rules are satisfactory; and (c) whether in all the circumstances the registration applied for would be to the advantage of the public. (6) An application in terms of this section may be made by a Minister on behalf of any Ministry or department of the State. 45 Advertising of acceptance of application When an application has been accepted, the applicant shall, as soon as may be after such acceptance, advertise the application as accepted in the prescribed manner, and subsections (2) to (11) of section twenty-two shall apply, mutatis mutandis, in relation to the registration of the certification mark as if the application had been an application under section twenty-one. 46 Rules governing use of certification mark (1) There shall be deposited at the Trade Marks Office in respect of every certification mark registered under this Part rules approved by the Registrar for governing the use thereof which— (a) shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorize the use of the certification mark; and (b) may contain any other provisions that the Registrar may require or permit to be inserted therein, including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or services or to authorize the use of the certification mark in accordance with the rules. (2) Rules deposited in terms of subsection (1) shall be open to inspection in like manner as the Register. (3) Rules deposited in terms of subsection (1) may, on the application in the prescribed manner by the registered proprietor, be altered by the Registrar. (4) The Registrar may direct that an application for an alteration in terms of subsection (3) shall be advertised in any case where it appears to him that it is expedient so to do. (5) Where an application has been advertised in terms of subsection (4), if, within the prescribed period from the date of the advertisement, any person gives notice to the Registrar of opposition to the application subsections (2) to (11) of section twenty-two shall apply, mutatis mutandis. ss 41–47 47 Rectification of Part C of Register The power to order rectification of the Register conferred by section thirty-seven shall include, in relation to certification marks, rectification on the ground that— (a) in the case of any goods or services in respect of which the mark is registered, the proprietor is no longer competent to certify these goods or services as is contemplated by section forty-two; or 107 [Chapter 26:04]